Smt.Neelamma W/O Laxman vs Bandeppa S/O Late Dautappa ...
2023 Latest Caselaw 1844 Kant

                                         -1-
                                                 RSA No. 7247 of 2011




                          IN THE HIGH COURT OF KARNATAKA,
                                 KALABURAGI BENCH

                       DATED THIS THE 14TH DAY OF MARCH, 2023

                                       BEFORE

                        THE HON'BLE MR. JUSTICE C.M. JOSHI

                     REGULAR SECOND APPEAL NO. 7247 OF 2011(DEC)

                BETWEEN:

                1.   SMT. NEELAMMA W/O LAXMAN
                     AGE: 76 YEARS, OCC: AGRICULTURE
                     R/O MUDABI, TQ. BASAVAKALYAN
                     DIST.BIDAR

                2.   ISMALA @ ISMAILA
                     S/O GOVINDAPPA HARIJAN
                     AGE: 66 YEARS, OCC: AGRICULTURE
                     R/O MUDABI, TQ. BASAVAKALYAN
Digitally            DIST.BIDAR
signed by
SOMANATH
PENTAPPA        3.   PRAKASH S/O LATE LAXMAN HARIJAN
MITTE
Location:            AGE: 51 YEARS, OCC: AGRICULTURE
High Court of
Karnataka            R/O MADABI, TQ. BASAVAKALYAN
                     DIST.BIDAR

                4.   SUBHASH S/O LATE LAXMAN HARIJAN
                     AGE: 4 YEARS, OCC: AGRICULTURE
                     R/O MUDABI, TQ. BASAVAKALYAN
                     DIST.BIDAR
                                                       ...APPELLANTS
                (BY SRI AMRESH S. ROJA, ADVOCATE)
                                -2-
                                          RSA No. 7247 of 2011




AND:


1.   BANDEPPA
     S/O LATE DAULAPPA CHOUDAKKE
     AGE: 54 YEARS, OCC:MASON
     R/O MADABI, TQ. BASAVAKALYAN
     DIST.BIDAR

2.   MALLAMMA W/O LINGAPPA GHANER
     AGE: 66 YEARS, OCC: HOUSEHOLD
     R/O KANKATTA, TQ. HUMNABAD
     DIST.BIDAR

3.   KALLAMMA W/O SHARANAPPA GUJJI
     AGE: 58 YEARS, OCC: HOUSEHOLD
     R/O MUDABI, TQ. BASAVAKALYAN
     DIST.BIDAR
                                   ...RESPONDENTS
(BY SRI SACHIN M. MAHAJAN, ADVOCATE)

     THIS   REGUAR      SECOND       APPEAL   IS   FILED   UNDER
SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE
JUDGMENT     AND    DECREE DATED 10.02.2011 PASSED IN
REGUAR APPEAL NO.216/2010 ON THE FILE OF THE FAST
TRACK COURT AT BASAVAKALYAN, DIST. BIDAR, ALLOWING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 30.10.2004 PASSED IN ORIGINAL SUIT NO. 13/1995
ON    THE   FILE   OF    THE     CIVIL   JUDGE      (JR.DN.)   AT
BASAVAKALYAN.


     THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                     -3-
                                               RSA No. 7247 of 2011




                             JUDGMENT

1. In pursuance of the order dated 03.03.2023,

steps are not taken for issuance of notice to respondent

No.2.

2. The order dated 03.03.2023 reads as below:

"Learned counsel for appellant seeks a week's time to take steps in respect of respondent No.2. He is permitted to take steps in respect of respondent No.2 within a week.

If steps are not taken within a week, list the matter on 14.03.2023 for dismissal of the appeal."

3. It is evident that the steps are not taken

against respondent No.2. Hence, the appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

SBS